GROUNDS FOR ARREST BY OFFICER WITHOUT WARRENT


40-7-103. Grounds for arrest by officer without warrant.

 


(a)  An officer may, without a warrant, arrest a person:
    (1)  For a public offense committed or a breach of the peace threatened in the officer's presence;

    (2)  When the person has committed a felony, though not in the officer's presence;

    (3)  When a felony has in fact been committed, and the officer has reasonable cause for
         believing the person arrested has committed the felony;

    (4)  On a charge made, upon reasonable cause, of the commission of a felony by the person arrested;

    (5)  Who is attempting to commit suicide;

    (6)  At the scene of a traffic accident who is the driver of a vehicle involved in the accident when, 
         based on personal investigation, the officer has probable cause to believe that the person has 
         committed an offense under the provisions of title 55, chapters 8 and 10. The provisions of this 
         subdivision (a)(6) shall not apply to traffic accidents in which no personal injury occurs or 
         property damage is less than one thousand dollars ($1,000), unless the officer has probable cause 
         to believe that the driver of the vehicle has committed an offense under § 55-10-401;

    (7)  Pursuant to § 36-3-619;

    (8)  Who is the driver of a vehicle involved in a traffic accident either at the scene of the accident
         or up to four (4) hours after the driver has been transported to a health care facility, if
         emergency medical treatment for the driver is required and the officer has probable cause to
         believe that the driver has violated § 55-10-401;

    (9)  When an officer has probable cause to believe a person has committed the offense of stalking, 
         as prohibited by § 39-17-315; or

   (10)  Who is the driver of a motor vehicle involved in a traffic accident, who leaves the scene of 
         the accident, who is apprehended within four (4) hours of the accident, and the officer has 
         probable cause to believe the driver has violated § 55-10-401.
  
 (b)  If a law enforcement officer has probable cause to believe that a person has violated one (1) or 
      more of the conditions of release imposed pursuant to § 40-11-150, and verifies that the alleged 
      violator received notice of the conditions, the officer shall, without a warrant, arrest the alleged
      violator regardless of whether the violation was committed in or outside the presence of the officer.

 (c)  Unless a law enforcement officer has probable cause to believe that an offense has been committed, 
      no officer, except members of the Tennessee highway patrol acting pursuant to § 4-7-104, shall have 
      the authority to stop a motor vehicle for the sole purpose of examining or checking the license of 
      the driver of the vehicle.
  

 
[Code 1858, § 5037; Shan., § 6997; Code 1932, § 11536; Acts 1957, ch. 82, § 1; 1981, ch. 401, § 1; T.C.A.
orig. ed.), § 40-803; Acts 1986, ch. 754, § 1; 1990, ch. 980, § 18; 1993, ch. 484, § 1; 1994, ch. 1002, §
1; 1995, ch. 507, § 7; 1999, ch. 138, § 4; 2005, ch. 296, § 1; 2005, ch. 482, § 2.]